MAHATMA GANDHI UNIVERSITY Vs. GIS JOSE

JUDGEMENT

(1.) Leave granted.

(2.) It is once again, a judgment has come from the High Court in complete derogation of the observations of this Court against the compromising of the educational standards in the matter of admissions to a particular course by showing unnecessary sympathies. The Mahatma Gandhi University has come up against the judgment of the Division Bench of Kerala High Court whereby the Division Bench allowing the appeal of a student, has directed the University to declare the withheld result of the student. The direction though was, of course, without creating precedence, as a special case.

(3.) It so happened that Petitioner, Gis Jose was admitted to the M.Sc. Computer Science course. She had secured only 53.3% marks in her qualifying examination against the minimum requirement of cut-off marks, which had been fixed by the University as 55%. Obviously in total derogation of this fact, the student was admitted. The error, when found by the University, the Controller of Examination wrote a letter dated 01-11-2004 to the Principal, B.P.C. College, Piravom, pointing out the irregular admission to the M.Sc. Computer Science course. It was pointed out that the students application for 1st and IInd semester Examinations, held in April and July, 2004 respectively, were already rejected on the ground that the student had scored only 53% marks and her admission was in violation of the Admission Rules framed by the University and still the Principal had allowed the student to continue in M.Sc. Computer Science to complete the course and to write her examination. It was pointed out that the University was viewing the matter very seriously and the Principal was further directed to cancel the admission given to the student and to report the matter within 10 days. It is obvious from this letter that the earlier applications dated 22-4-04 and 26-7-04 were also rejected by the University. A memo was ultimately sent on 25-2-2005 and the student was informed that the University had rejected her request for continuing studies in M.Sc. Computer Science in the college. This was on the basis of the Minutes of the Academic Council Meeting dated 23-12-2004 where the Academic Council had refused to allow the student to continue her studies and yet the student was allowed to continue with the course in complete and total derogation of the directions given by the Controller of Examinations.